Divorcee
rob
(Querist) 03 May 2018
This query is : Resolved
My sister has applied for divorcee u/s 14, within one year of marriage, now court has asked for exception reason. She said that her husband has cheated her by showing income rs 15 lacs in matrimonial site but after married , he hide income and gives not single rupee to his wife and leaved his wife deserted . And even he doesn't come to hearings and exparte happen. But judge dismissed the case due to non exceptional reason
Vijay Raj Mahajan
(Expert) 04 May 2018
Your sister can still file a fresh divorce case on the ground of cruelty after completion of one year of marriage. The facts stated in previous divorce petition can be repeated in the new petition in addition to new up to date facts. As the previous divorce petition not decided on the merits but dismissed on technical grounds u/s 14 Hindu Marriage Act,1955, filling a new divorce petition for divorce will not be barred by the principle of res judicata.
Guest
(Expert) 04 May 2018
In my view, grounds for divorce are unconvincing.
Kumar Doab
(Expert) 04 May 2018
Desertion and not fulfilling basic needs of spouse is a ground..
Either your case lacked merits or was not properly contested by your lawyer..
If you wish you may attach the case docs in Forum section ............
Erase all names etc to maintain the confidentiality..............
Kumar Doab
(Expert) 04 May 2018
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned PIP and proceed in best of your interest..
Kumar Doab
(Expert) 04 May 2018
Online discussions are not substitute for in person discussions with a very able LOCAL counsel as already suggested............
You can pick relevant points from post of Mr. Mahajan also..
IT's view of IT=@PSD the postor at 3rd post does not matter...and as usual is good for nothing and posted just for the heck of IT.
YOU will find IT=@PSD alikes clinging on IT's tail, now loitering and littering at your profile also like IT does in case of all querists, members, Experts, LCI Admin............from day 1 under all of IT's=@PSD's multiple fake ID's including the ones that have been shunted out
Guest
(Expert) 04 May 2018
If you follow the advice of Mr. Kumar Doab, such as, "Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt," you will have to forget for any solution to your sister's problem, as you won't be able to find any such lawyer with combination of all such traits and qualities till your whole life.
However, you may be justified to ask him, what should be the tests or yardsticks to be applied to locate such a unique type of a lawyer.
If you ask him to suggest any such lawyer, he is likely to refer you to some of the other fake experts for whom he may be working as a tout and commission agent.
Guest
(Expert) 04 May 2018
If you follow the advice of Mr. Kumar Doab, such as, "Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt," you will have to forget for any solution to your sister's problem, as you won't be able to find any such lawyer with combination of all such traits and qualities till your whole life.
However, you may be justified to ask him, what should be the tests or yardsticks to be applied to locate such a unique type of a lawyer.
If you ask him to suggest any such lawyer, he is likely to refer you to some of the other fake experts for whom he may be working as a tout and commission agent.
Guest
(Expert) 04 May 2018
If you follow the advice of Mr. Kumar Doab, such as, "Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt," you will have to forget for any solution to your sister's problem, as you won't be able to find any such lawyer with combination of all such traits and qualities till your whole life.
However, you may be justified to ask him, what should be the tests or yardsticks to be applied to locate such a unique type of a lawyer.
If you ask him to suggest any such lawyer, he is likely to refer you to some of the other fake experts for whom he may be working as a tout and commission agent.
Dr J C Vashista
(Expert) 05 May 2018
It is no ground for filing divorce. The petition, if filed ,shall be thrown out as "not maintainable".
T. Kalaiselvan, Advocate
(Expert) 06 May 2018
Section 14 is a petition seeking permission to file a divorce petition within one year from the date of marriage preceding the date of the petition.
In disposing of any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [said one year].
The reason what you have stated seeking divorce is not substantial warranting divorce within one year of marriage.
However you may .file a fresh petition seeking divorce after expiration of one year from the date of marriage on the grounds of cruelty under section 13 (1) (ia) HMA citing desertion also one of the reasons for cruelty besides other substantial grounds.
M V Gupta
(Expert) 06 May 2018
Agree with Mr. Kalaiselvan.
Kumar Doab
(Expert) 06 May 2018
IT=@PSD
ran to post at 7th, 8th, 9th post from another one of IT’s multiple fake Id’s
IT’s =@PSD’s stutters, stammers to get thrown out again..
IT’s=@PSD’s admission for having NO such trait in IT and alikes is well known to one and all and does not require any advertisement..show off…
Kumar Doab
(Expert) 06 May 2018
IT=@PSD
ran to post at 7th, 8th, 9th post from another one of IT’s multiple fake Id’s
IT’s =@PSD’s stutters, stammers to get thrown out again..
IT’s=@PSD’s admission for having NO such trait in IT and alikes is well known to one and all and does not require any advertisement..show off…
Kumar Doab
(Expert) 06 May 2018
IT=@PSD
ran to post at 7th, 8th, 9th post from another one of IT’s multiple fake Id’s
IT’s =@PSD’s stutters, stammers to get thrown out again..
IT’s=@PSD’s admission for having NO such trait in IT and alikes is well known to one and all and does not require any advertisement..show off…
Kumar Doab
(Expert) 06 May 2018
IT=@PSD
may post IT's=@PSD's hallucinations on such traits 30 more times and writhe.........wreath.,.
Guest
(Expert) 06 May 2018
Unsound mental state of a fake expert with unreal name is very much demonstrated from his latest four quite unwanted and irrelevant posts out of context. He seems to have been frustrated and expressed his irritation on his being exposed as a fake expert.
Kumar Doab
(Expert) 06 May 2018
Today again and also
IT=@PSD
is in troubled state... writhing ... wreath...
Now IT will not stop IT's=@PSD's trademark Tamashaa and with sole Tamashbeen in IT ( It's own favorite words)
Everyday IT is being permanently blacklisted by more and more...
Only dirty feather IT has added with new words is by IT's own words;
' NO such Trait'
